| Probable cause affidavit: |
SUBMITTED BY: CLOUD, TOD FHP (AR15-14861) DID, KNOWING HIS/HER DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062, IN VIOLATION OF FLORIDA'S STATE STATUTE 316.061(1). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: A 1997 DODGE PICKUP TRUCK BELONGING TO MS REGINA CONLEY AND A FENCE BELONGING TO MR BRUCE MORGAN, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; ON 050515, AT APPROXIMATELY 1407 HOURS, I ARRIVED AT THE SCENE OF A VEHICLE CRASH LOCATED AT 6617 WEST OST WEST STREET, IN HOMOSASSA. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY MORGAN AND DEPUTY AGUILERA WHO ADVISED ME THAT THE VICTIM STATED THAT A VEHICLE CAME CRASHING THROUGH HIS BACK YARD DAMAGING HIS FENCE. THE WITNESS AND PROPERTY OWNER OF THE FENCE, MR BRUCE MORGAN, STATED THAT THE WHITE MALE DRIVING THE VEHICLE FLED THE SCENE OF THE CRASH NORTH ONTO SOUTH HAPPY DRIVE. UPON A SEARCH OF THE AREA, THE DEPUTIES FOUND THE DEFENDANT AT THE RESIDENCE OF 5968 SOUTH HAPPY DRIVE. THE DEFENDANT WAS RETURNED TO THE SCENE OF THE CRASH BY DEPUTY MORGAN. I CONDUCTED MY TRAFFIC CRASH INVESTIGATION AND THE DEFENDANT WAS VISUALLY IDENTIFIED BY THE VICTIM, MR BRUCE MORGAN. AT APPROXIMATELY 1436 HOURS THE DEFENDANT WAS PLACED UNDER ARREST FOR LEAVING THE SCENE OF A TRAFFIC CRASH AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED. THE DEFENDANT ADVISED ME THAT HE DID NOT HAVE A DRIVER'S LICENSE AND IT WAS SUSPENDED. THE DEFENDANT WAS HANDCUFFED, DOUBLED LOCKED, IN BACK AND SECURED IN THE RIGHT REAR OF MY PATROL VEHICLE. UPON COMPLETING MY TRAFFIC CRASH INVESTIGATION AT THE SCENE THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE CITRUS COUNTY DETENTION FACILITY I CONDUCTED A DRIVING UNDER THE INFLUENCE INVESTIGATION. THE DRIVING UNDER THE INFLUENCE INVESTIGATION WAS DONE BECAUSE THE DEFENDANT HAD AN ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HAD BLOODSHOT EYES, MUMBLED SPEECH AND WAS UNSTEADY WALKING AND STANDING. THE DRIVING UNDER THE INFLUENCE INVESTIGATION WAS STARTED AT THE CITRUS COUNTY DETENTION FACILITY AT APPROXIMATELY 1557 HOURS. THE REASON IT WAS NOT CONDUCTED AT THE SCENE OF THE CRASH WAS BECAUSE THE DEFENDANT WAS AGITATED AND THERE WAS A CHANCE OF HIM TRYING TO ESCAPE. AT APPROXIMATELY 1558 HOURS, THE DEFENDANT WAS READ HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD NOT SPEAK WITH ME AT THIS TIME. THE DEFENDANT WAS THEN READ IMPLIED CONSENT AT APPROXIMATELY 1559 HOURS. THE IMPLIED CONSENT WAS FOR A BREATH TEST AT WHICH TIME THE DEFENDANT REFUSED. THE DEFENDANT WAS THEN TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY AND TAKEN INTO THE INTOXILYZER ROOM. THE DEFENDANT WAS GIVEN THE OPPORTUNITY TO DO FIELD SOBRIETY TASKS UNDER CONTROLLED CONDITIONS AND HE REFUSED ALL EXERCISES. THE DEFENDANT AGAIN WAS OFFERED TO TAKE A BREATH TEST WHICH HE AGAIN REFUSED. THE DEFENDANT THEN DECIDED TO TAKE A BREATH TEST. THE BREATH TEST RESULTS WERE .151 AND .150. THE DEFENDANT WAS THEN PROCESSED AND BOOKED FOR DRIVING UNDER THE INFLUENCE, DRIVING UNDER THE INFLUENCE PROPERTY DAMAGE, DRIVING WHILE LICENSE SUSPENDED OR REVOKED, AND LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE. THE DEFENDANT WAS ISSUED FIVE UNIFORM TRAFFIC CITATIONS, DRIVING UNDER THE INFLUENCE CITATION NUMBER 1983-XBQ AND GIVEN A TRAFFIC COURT DATE OF 052115 AT 1300 HOURS. UNIFORM TRAFFIC CITATION NUMBER A3X15UE FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE WITH A TRAFFIC COURT DATE OF 052115 AT 1300 HOURS. UNIFORM TRAFFIC CITATION NUMBER A3X15VE FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH A TRAFFIC COURT DATE 052115 AT 1300 HOURS. UNIFORM TRAFFIC CITATION NUMBER A3X15WE FOR LEAVING THE SCENE OF A TRAFFIC CRASH WITH PROPERTY DAMAGE WITH A TRAFFIC COURT DATE OF 052115 AT 1300 HOURS UNIFORM TRAFFIC CITATION NUMBER A3X15XE FOR CARELESS DRIVING WITH A FINE OF $166.00. |
